Thomas Lubanga
Encyclopedia
Thomas Lubanga Dyilo is a former rebel leader from the Democratic Republic of the Congo
(DRC). He founded and led the Union of Congolese Patriots
(UPC) and was a key player in the Ituri conflict
. Rebels under his command have been accused of massive human rights
violations, including ethnic massacres, murder, torture, rape, mutilation, and forcibly conscripting child soldiers
.
On 17 March 2006, Lubanga became the first person ever arrested under a warrant issued by the International Criminal Court
. His trial, for the war crime
of "conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities", began on 26 January 2009.
-Gegere ethnic group. He studied at the University of Kisangani
and has a degree in psychology
. He is married and has seven children.
, Lubanga was a military commander and "minister of defence" in the pro-Uganda Congolese Rally for Democracy-Liberation Movement
(RCD-ML). In July 2001, he founded another rebel group, the Union of Congolese Patriots
(UPC). In early 2002, Lubanga was sidelined from the military control of the RCD-ML and he split from the group. In September 2002, he became President of the UPC and founded its military wing, the Patriotic Force for the Liberation of the Congo (FPLC).
Under Lubanga's leadership, the largely Hema
UPC became one of the main actors in the Ituri conflict
between the Hema and Lendu
ethnic groups. It seized control of Bunia
, capital of the gold-rich Ituri region, in 2002, and demanded that the Congolese government recognise Ituri as an autonomous province. Lubanga was arrested on 13 June 2002 while on a mission to Kinshasa but he was released ten weeks later in exchange for a kidnapped government minister.
Human Rights Watch
have accused the UPC, under Lubanga's command, of "ethnic massacres, murder, torture, rape and mutilation, as well as the recruitment of child soldiers". Between November 2002 and June 2003, the UPC allegedly killed 800 civilians on the basis of their ethnicity in the gold mining region of Mongbwalu. Between 18 February and 3 March 2003, the UPC are reported to have destroyed 26 villages in one area, killing at least 350 people and forcing 60,000 to flee their homes. Human rights organisations claim that at one point Lubanga had 3,000 child soldiers between the ages of 8 and 15. He reportedly ordered every family in the area under his control to help the war effort by donating something: money, a cow, or a child to join his militia.
The UPC was forced out of Bunia by the Ugandan army
in March 2003. Lubanga later moved to Kinshasa and registered the UPC as a political party, but he was arrested on 19 March 2005 in connection with the killing of nine Bangladeshi United Nations peacekeepers in Ituri on 25 February 2005. He was initially detained in one of Kinshasa's most luxurious hotels but after a few months he was transferred to Kinshasa's central jail.
In March 2004, the Congolese government authorised the International Criminal Court
(ICC) to investigate and prosecute "crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002." On 10 February 2006, a Pre-Trial Chamber of the ICC found that there were reasonable grounds to believe that Lubanga bore individual criminal responsibility
for the war crime
of "conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities", and issued a sealed warrant for his arrest.
On 17 March 2006, Lubanga became the first person ever arrested under an ICC arrest warrant, when the Congolese authorities arrested him and transferred him into ICC custody. He was flown to the Hague, where he has been held in the ICC detention centre since 17 March 2006. As of January 2009, he is one of four people being detained by the ICC
, including two rebels who fought against Lubanga in the Ituri conflict: Germain Katanga
and Mathieu Ngudjolo Chui. His trial opened on 26 January 2009.
Democratic Republic of the Congo
The Democratic Republic of the Congo is a state located in Central Africa. It is the second largest country in Africa by area and the eleventh largest in the world...
(DRC). He founded and led the Union of Congolese Patriots
Union of Congolese Patriots
The Union of Congolese Patriots is an armed group in Ituri, northeastern Democratic Republic of the Congo. They were in 2003 said to be 15000 soldiers . It has carried out numerous attacks upon civilians and other serious human rights abuses in pursuit of its policies...
(UPC) and was a key player in the Ituri conflict
Ituri Conflict
The Ituri conflict is a conflict between the agriculturalist Lendu and pastoralist Hema ethnic groups in the Ituri region of the northeastern Democratic Republic of Congo . While there have been many phases to the conflict, the most recent armed clashes ran from 1999 to 2003, with a low-level...
. Rebels under his command have been accused of massive human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
violations, including ethnic massacres, murder, torture, rape, mutilation, and forcibly conscripting child soldiers
Military use of children
The military use of children takes three distinct forms: children can take direct part in hostilities , or they can be used in support roles such as porters, spies, messengers, look outs, and sexual slaves; or they can be used for political advantage either as human shields or in...
.
On 17 March 2006, Lubanga became the first person ever arrested under a warrant issued by the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
. His trial, for the war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
of "conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities", began on 26 January 2009.
Early life and family
Lubanga was born on 29 December 1960 in Djiba in the Ituri Province of the Democratic Republic of the Congo. He is of the HemaHema people
The Hema, or Hima, are an ethnic group with about 160,000 members located in the eastern Democratic Republic of the Congo, in particular the Ituri region and Orientale province, as well as parts of Uganda and Rwanda...
-Gegere ethnic group. He studied at the University of Kisangani
University of Kisangani
The University of Kisangani is located in the city of Kisangani in the Democratic Republic of the Congo. It was founded in 1963 by Protestant missionaries as the Free University of Congo; it was transformed into part of the National University of Zaire in 1971, and in 1981 was separated from that...
and has a degree in psychology
Psychology
Psychology is the study of the mind and behavior. Its immediate goal is to understand individuals and groups by both establishing general principles and researching specific cases. For many, the ultimate goal of psychology is to benefit society...
. He is married and has seven children.
Ituri conflict
During the Second Congo WarSecond Congo War
The Second Congo War, also known as Coltan War and the Great War of Africa, began in August 1998 in the Democratic Republic of the Congo , and officially ended in July 2003 when the Transitional Government of the Democratic Republic of the Congo took power; however, hostilities continue to this...
, Lubanga was a military commander and "minister of defence" in the pro-Uganda Congolese Rally for Democracy-Liberation Movement
Rally for Congolese Democracy
The Congolese Rally for Democracy, sometimes Rally for Congolese Democracy, was a rebel group operating in the eastern region of the Democratic Republic of the Congo . Assisted by the government of Rwanda, it was a major factor in the Second Congo War . It became a political party in 2003...
(RCD-ML). In July 2001, he founded another rebel group, the Union of Congolese Patriots
Union of Congolese Patriots
The Union of Congolese Patriots is an armed group in Ituri, northeastern Democratic Republic of the Congo. They were in 2003 said to be 15000 soldiers . It has carried out numerous attacks upon civilians and other serious human rights abuses in pursuit of its policies...
(UPC). In early 2002, Lubanga was sidelined from the military control of the RCD-ML and he split from the group. In September 2002, he became President of the UPC and founded its military wing, the Patriotic Force for the Liberation of the Congo (FPLC).
Under Lubanga's leadership, the largely Hema
Hema people
The Hema, or Hima, are an ethnic group with about 160,000 members located in the eastern Democratic Republic of the Congo, in particular the Ituri region and Orientale province, as well as parts of Uganda and Rwanda...
UPC became one of the main actors in the Ituri conflict
Ituri Conflict
The Ituri conflict is a conflict between the agriculturalist Lendu and pastoralist Hema ethnic groups in the Ituri region of the northeastern Democratic Republic of Congo . While there have been many phases to the conflict, the most recent armed clashes ran from 1999 to 2003, with a low-level...
between the Hema and Lendu
Lendu
The Lendu, or Balendru, are an ethno-linguistic agriculturalist group residing in eastern Democratic Republic of Congo in the area west and northwest of Lake Albert, in particular the Ituri region of Orientale province. Their language is one of the most populous of the Central Sudanic languages...
ethnic groups. It seized control of Bunia
Bunia
Bunia is a city in Democratic Republic of the Congo and is the headquarters of Ituri Interim Administration in the Ituri region of Orientale Province....
, capital of the gold-rich Ituri region, in 2002, and demanded that the Congolese government recognise Ituri as an autonomous province. Lubanga was arrested on 13 June 2002 while on a mission to Kinshasa but he was released ten weeks later in exchange for a kidnapped government minister.
Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...
have accused the UPC, under Lubanga's command, of "ethnic massacres, murder, torture, rape and mutilation, as well as the recruitment of child soldiers". Between November 2002 and June 2003, the UPC allegedly killed 800 civilians on the basis of their ethnicity in the gold mining region of Mongbwalu. Between 18 February and 3 March 2003, the UPC are reported to have destroyed 26 villages in one area, killing at least 350 people and forcing 60,000 to flee their homes. Human rights organisations claim that at one point Lubanga had 3,000 child soldiers between the ages of 8 and 15. He reportedly ordered every family in the area under his control to help the war effort by donating something: money, a cow, or a child to join his militia.
The UPC was forced out of Bunia by the Ugandan army
Uganda People's Defence Force
The Uganda Peoples Defence Force , previously the National Resistance Army, is the armed forces of Uganda. The International Institute for Strategic Studies estimates the UPDF has a total strength of 40–45,000, and consists of land forces and an Air Wing.The IISS Military Balance 2007 says there...
in March 2003. Lubanga later moved to Kinshasa and registered the UPC as a political party, but he was arrested on 19 March 2005 in connection with the killing of nine Bangladeshi United Nations peacekeepers in Ituri on 25 February 2005. He was initially detained in one of Kinshasa's most luxurious hotels but after a few months he was transferred to Kinshasa's central jail.
Trial
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
(ICC) to investigate and prosecute "crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002." On 10 February 2006, a Pre-Trial Chamber of the ICC found that there were reasonable grounds to believe that Lubanga bore individual criminal responsibility
Command responsibility
Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
for the war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
of "conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities", and issued a sealed warrant for his arrest.
On 17 March 2006, Lubanga became the first person ever arrested under an ICC arrest warrant, when the Congolese authorities arrested him and transferred him into ICC custody. He was flown to the Hague, where he has been held in the ICC detention centre since 17 March 2006. As of January 2009, he is one of four people being detained by the ICC
People detained by the International Criminal Court
People detained by the International Criminal Court are held in the ICC's detention centre, which is located within a Dutch prison in Scheveningen, The Hague. The ICC was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and...
, including two rebels who fought against Lubanga in the Ituri conflict: Germain Katanga
Germain Katanga
Germain Katanga , also known as Simba, is a former leader of the Patriotic Resistance Force in Ituri . On 17 October 2007, the Congolese authorities surrendered him to the International Criminal Court to stand trial on six counts of war crimes and three counts of crimes against humanity...
and Mathieu Ngudjolo Chui. His trial opened on 26 January 2009.
Controversies
Lubanga's trial, the ICC's first, has aroused several controversies:- The trial was halted on 13 June 2008 when the court ruled that the Prosecutor's refusal to disclose potentially exculpatory evidenceExculpatory evidenceExculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt. It is the opposite of inculpatory evidence, which tends to prove guilt....
had breached Lubanga's right to a fair trialRight to a fair trialThe right to fair trial is an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict voided....
. The Prosecutor had obtained the evidence from the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
and other sources on the condition of confidentiality, but the judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial". On 2 July 2008, the court ordered Lubanga's release, on the grounds that "a fair trial of the accused is impossible, and the entire justification for his detention has been removed", but an Appeal Chamber agreed to keep him in custody while the Prosecutor appealed. By 18 November 2008, the Prosecutor had agreed to make all the confidential information available to the court, so the Trial Chamber reversed its decision and ordered that the trial could go ahead. The Prosecutor was widely criticised for his actions, but the court was also praised for its "determination to ensure fairness to the defence".
- Human rights groups have expressed their concern about the narrow scope of the charges against Lubanga, and urged the Prosecutor to add more crimes to the indictment. Several organisations wrote to the Prosecutor in 2006 arguing that "the failure to include additional charges in the case against Mr. Lubanga could undercut the credibility of the ICC in the DRC. Moreover, the narrow scope of the current charges may result in severely limiting victims’ participation in the first proceedings before the ICC. This could negatively impact on the right of victims to reparations."
- Lubanga's lawyer has complained that the defence team was given a smaller budget than the Prosecutor, that evidence and witness statements have been slow to arrive, and that many documents are so heavily redactedSanitization (classified information)Sanitization is the process of removing sensitive information from a document or other medium, so that it may be distributed to a broader audience. When dealing with classified information, sanitization attempts to reduce the document's classification level, possibly yielding an unclassified...
that they are impossible to read.
External links
- The Prosecutor v. Thomas Lubanga Dyilo — public court records relating to the ICC trial — special edition focusing on the Lubanga trial
- Thomas Lubanga Dyilo — the Hague Justice PortalHague Justice PortalThe Hague Justice Portal is a website that promotes, and provides greater access to, the institutions, courts and organisations in The Hague, The Netherlands, working in the field of international peace, justice and security...
- Thomas Lubanga — Trial Watch
- www.lubangatrial.org — daily coverage of the trial and legal analysis
- 2003 interview with Thomas Lubanga — IRIN
- Report on the opening day of Thomas Lubanga's trial - Radio France International